Rajasthan High Court
Atar Singh S/O Preetam Singh vs Manish Agrawal S/O Ram Niwas on 4 November, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Second Appeal No. 541/2018
1. Atar Singh S/o Preetam Singh,
2. Smt. Babli W/o Atar Singh Gurjar,
Both R/o Tara Mahendra Colony, Bharatpur.
----Appellants/Defendants
Versus
1. Manish Agrawal S/o Ram Niwas,
2. Yogesh Goyal S/o Gopal Prasad,
Both R/o Outside B-Narayan Gate, Bharatpur.
----Respondents/Plaintiffs
Connected With
S.B. Civil Second Appeal No. 539/2018
Smt. Babli W/o Atar Singh, R/o Tara Mahendra Colony, B-
Narayan Gate, Bharatpur.
----Appellant/Plaintiff
Versus
1. Dinesh S/o Mahesh,
2. Amar Singh S/o Nathi Singh Jat, R/o Neem Darwaja,
Bharatpur.
3. Yogesh S/o Gopal, R/o Outside B-Narayan Gate, Sogaria
Mohalla, Bhawani Building Works, Bharatpur.
----Respondents/Defendants
For Appellant(s) : Mr. J P Goyal, Sr. Advocate assisted
by Ms. Jyoti Swami
For Respondent(s) : Mr. Rahul Sharma
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
04/11/2022
1. S.B. Civil Second Appeal No.541/2018 has been filed by
appellants-defendants assailing the judgment and decree dated
14.09.2018 passed in Civil First Appeal No.29/2016 (108/13) by
(2 of 3) [CSA-541/2018]
the Court of Additional District Judge No.4, Bharatpur, affirming
the judgment and decree dated 14.08.2013 passed in Civil Suit
No.70/2013 by the Curt of Additional Civil Judge (Senior Division)
No.3, Bharatpur whereby and whereunder civil suit for permanent
injunction filed by respondents-plaintiffs in respect of two plots in
question, situated in land of khasra No.972 at Bharatpur, was
decreed.
S.B. Civil Second Appeal No.539/2018 has been filed by
appellant-plaintiff, feeling aggrieved by the judgment and decree
dated 14.09.2018 passed in Civil Appeal No.97/2016 (48/13) by
the Court of Additional District Judge No.4, Bharatpur, affirming
the judgment and decree dated 12.04.2013 passed in Civil Suit
No.03/2006 by the Court of Additional Civil Judge (Junior Division)
No.1, Bharatpur whereby and whereunder plaintiff's civil suit for
permanent injunction in respect of two plots, situated in khasra
No.972,has been dismissed.
2. The dispute between parties in both second appeals is in
respect of two plots situated at Chak No.1, Tehsil & District
Bharatpur.
3. During course of second appeals, both parties have entered
into compromise and have settled their dispute, in respect of both
plots, in terms of compromise deed dated 04.08.2022. The
compromise has been placed on record as Annexure A/1, along
with application under Order 23 Rule 3 CPC.
4. This Court, vide order dated 02.11.2022, allowed parties to
appear before the Registrar (Judicial) for the purpose of
attestation/verification of the compromise. In compliance thereof,
Registrar (Judicial) has attested the compromise.
(3 of 3) [CSA-541/2018]
5. Learned counsel for both parties jointly submit that both
second appeals be disposed of in terms of compromise deed dated
04.08.2022 and the same may be taken on record and impugned
judgment and decree dated 14.08.2013 passed in Civil Suit
No.70/2013 by the Court of Additional Civil Judge (Senior
Division) No.3, affirmed in the judgment and decree dated
14.09.2018 passed in Civil First Appeal No.29/2016 (108/13) by
the Court of Additional District Judge No.4, Bharatpur may be
modified accordingly.
6. For reasons mentioned hereinabove, the compromise deed
dated 04.08.2022(Annexure A/1) is taken on record. The
judgment and decree dated 14.08.2013 passed in Civil Suit
No.70/2013 by the Court of Additional Civil Judge (Senior
Division) No.3, affirmed in the judgment and decree dated
14.09.2018 passed in Civil First Appeal No.29/2016 (108/13) by
the Court of Additional District Judge No.4, Bharatpur, is modified
in terms of compromise.
7. Both parties would abide by the terms of compromise.
8. Accordingly, both second appeals stand disposed of.
9. All pending application(s), if any, also stand(s) disposed of.
(SUDESH BANSAL),J
SACHIN/56-57
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